CO129-388 - Governor Sir Lugard - 1912 [1-2] — Page 21

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Hon. Colonial Secretary,

Enclosure 2.

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3502

Jet 3 FEB 12

The reply to the contention suggested by His Excellency may perhaps be partly found in the last paragraph of the minutes of Mr. Crowe's conference with the Manchester Chamber. "Mr. Crowe explained why it was unlikely that Sir F. Lugard's draft con- -vention would be accepted by the Japanese Government. He said that it was a matter of some delicacy to urge the Japanese to provide for protection for unregistered owners in China, seeing that in all our other arrangements and in the arrangements between Japan and America Japan and and/France only registered marks were protected. The inference drawn would be that we could not trust the Japanese as far as we were pre- -pared to trust other nations, or even as far as other nations trust- -ed the Japanese*.

It is undoubtedly the fact that the British merchant does not trust the Japanese merchant as far as he trusts merchants of other nations. Long experience of the give and take of international commerce has, I suggest, confirmed in the mind of the British merchant the conclusion that, generally speaking, the European nations and America are, to borrow the words of the pre- -amble to the Convention of 1883, "equally animated with the desire to secure by mutual agreement complete and effectual protection for the industry and commerce of their respective subjects and citizens, and to provide a guarantee for the rights of inventors, and for the loyalty of commercial transactions". But he has not the same confi- -dence in the case of Japan. Japanese participation in international trade is of very recent origin. The Japanese merchant only a few year

ago woke, to the value of trade marks and names, #

and, having no old established ones of his own, he proceeded to pirate marks of foreign

merchants in order to sell his goods more readily. This piracy has been in a sense condoned by the Japanese Government who, subject only to the proviso that no protest is raised within the brief space of three years, have given to the pirating merchant complete and exclusive owership in the mark which he has stolen.

**

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